A man accused of causing death by dangerous driving after he drove over and killed a Wistaston cyclist has been found not guilty.

Paul Byrne appeared before a jury in a two-week trial at Chester Crown Court after the death of 65-year-old Stewart Gandy on the A530 near Nantwich on November 12, 2013. He also pleaded guilty to a lesser charge of causing death by careless driving.

The court had previously heard that the 37-year-old HGV driver from Leigh was driving a 17 tonne lorry along Baddington Lane, near Nantwich. He was travelling to Grocontinental in Whitchurch when he approached the bridge, controlled by traffic lights.

Mr Gandy had also reached the bridge a minute or so earlier but Mr Byrne told the court he had not ‘seen, felt or heard anything’ when driving over the bridge at around 1.30pm that day. Mr Gandy was killed instantly after the lorry ploughed into him and passed over him and his bicycle.

Witnesses also said how they had seen Mr Byrne ‘examining his vehicle’ further along the road but he said he had stopped ‘by coincidence’ to check out a rattling noise which he believed to be a faulty headlight.

When questioned by prosecuting barrister Nicholas Williams about why he couldn’t seem to recall details of his journey along the road that day, Mr Byrne said ‘you remember things when there is a reason to remember’ and had initially even refused to accept he had hit Mr Gandy until DNA evidence proved it was his lorry that had caused his death.

Nicholas Williams went on to say in his closing statement that Mr Byrne ‘knew that bridge and knew those lights’. Around the corner ‘he should have had a clear view of up to 200 metres’ and said: “He should have seen him in plenty of time to stop. Instead he ploughed straight into him and killed him. Is this careless or just plain dangerous?”

Defending barrister Nicola Esterian Gatto told the court that environmental issues such as a low winter sun and hedgerow shadows ‘could have hindered the view’ of cab driver Byrne as he came round the bend travelling towards the bridge and had called expert witness James Manning during the trial to give his opinion on the possible effects of glare caused by moisture on the road.

He agreed that Byrne would have had a clear and unobstructed view of the bridge traffic lights for 200 metres.

The tacograph which was fitted to Mr Byrne’s vehicle hadn’t recorded any sudden braking when reaching or passing over the bridge and Ms Gatto suggested this supported evidence that Mr Byrne had not seen Mr Gandy.

Judge Roger Dutton addressed the jury in his closing statement advising them to make their decision based on the evidence in front of them and not ‘draw on their emotional thoughts and feelings’ about the case.

He also reminded them it was ‘trial by jury’ and ‘not decided by experts’ and despite it being a normal working day for Paul Byrne, ‘Stewart Gandy did not realise it would be his last’ and it was important to take time in considering all the facts in deciding whether or not Mr Byrne’s driving ‘fell far below the standard required of a competent driver’.

The jury took almost five hours to return their verdict of not guilty. Mr Gandy’s wife June and members of his family were present throughout the trial and were clearly disappointed and emotional following the verdict.

Mr Byrne had his head in his hands and was also visibly emotional as Judge Dutton agreed to a pre-sentence report in the matter of the guilty plea to the charge of careless driving.